Senate Committee of Reference Report

Committee on Health & Human Services

All text that will be removed from the bill will be indicated by strikethrough as follows:

This is text that is removed from law.

Text that is added to a bill will be indicated by either all capitals or bold & italic as follows:

  • This all capitals text would be added to law.
  • This is bold & italic text that would be added to law.

April 23, 2026

After consideration on the merits, the Committee recommends the following:

SB26-146     be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Page 1, Line 1Amend printed bill, page 3, line 7, strike "and".

Page 1, Line 2Page 3, strike line 11 and substitute "Colorado;

Page 1, Line 3(e)  Encouraging the use of durable goods rather than

Page 1, Line 4single-use plastic items would dramatically reduce plastic

Page 1, Line 5pollution and lead to long-term behavior change; and

Page 1, Line 6(f)  Many single-use plastic items contain toxic additives

Page 1, Line 7such as perfluoroalkyl and polyfluoroalkyl chemicals, even

Page 1, Line 8though House Bill 22-1345, enacted in 2022, and Senate Bill

Page 1, Line 924-081, enacted in 2024, prohibit the intentional inclusion of

Page 1, Line 10perfluoroalkyl and polyfluoroalkyl chemicals, which are

Page 1, Line 11widely recognized as environmental toxicants harmful to

Page 1, Line 12human health.

Page 1, Line 13(3)  The general assembly further finds and declares that:

Page 1, Line 14(a)  The impacts of single-use plastic items constitute an

Page 1, Line 15environmental justice issue that disproportionately burdens

Page 1, Line 16communities identified as disproportionately impacted

Page 1, Line 17communities, as defined in section 24-4-109 and enacted through

Page 1, Line 18the "Environmental Justice Act", as enacted in 2021 by House

Page 1, Line 19Bill 21-1266. These communities include those with higher

Page 1, Line 20proportions of low-income households, communities of color,

Page 1, Line 21and those experiencing cumulative environmental and

Page 1, Line 22socioeconomic stressors, as well as communities with a history

Page 1, Line 23of environmental racism and systemic disinvestment.

Page 1, Line 24(b)  Emissions and pollution associated with single-use

Page 1, Line 25plastic items occur across the full life cycle of plastic

Page 1, Line 26production and disposal, including at extraction sites, refining

Page 1, Line 27facilities, petrochemical manufacturing plants, product

Page 2, Line 1manufacturing facilities, and landfills. These cumulative

Page 2, Line 2impacts contribute to persistent disparities in air quality, water

Page 2, Line 3contamination, and soil degradation in disproportionately

Page 2, Line 4impacted communities.".

Page 2, Line 5Page 6, line 3, strike "offered" and substitute "asked if they would

Page 2, Line 6like".

Page 2, Line 7Page 6, line 9, strike "and".

Page 2, Line 8Page 6, after line 9 insert:

Page 2, Line 9"(c)  A retail food establishment or third-party food

Page 2, Line 10delivery service shall provide only the single-use food

Page 2, Line 11serviceware items requested or confirmed by a customer; and".

Page 2, Line 12Reletter succeeding paragraph accordingly.

Page 2, Line 13Page 6, line 19, strike "online ordering process allows for" and

Page 2, Line 14substitute "third-party food delivery service provides a retail

Page 2, Line 15food establishment with the option to allow".

Page 2, Line 16Page 6, line 21, strike "wants;" and substitute "wants in the online

Page 2, Line 17ordering process;".

Page 2, Line 18Page 6, line 25, after "requested." add "A third-party food delivery

Page 2, Line 19service is not liable for a retail food establishment's failure to

Page 2, Line 20follow a customer's request if the third-party food delivery

Page 2, Line 21service accurately communicated the customer's request to the

Page 2, Line 22retail food establishment.".

Page 2, Line 23Page 6, line 26, strike "This section does" and substitute "Subsections

Page 2, Line 24(1)(a) and (1)(b) of this section do".

Page 2, Line 25Page 6, line 27, strike "this".

Page 2, Line 26Page 7, strike line 1 and substitute "subsections (1)(a) and (1)(b) of

Page 2, Line 27this section:".

Page 2, Line 28Page 7, line 16, strike the second "or".

Page 2, Line 29Page 7, strike line 22 and substitute "service;

Page 2, Line 30(f)  Meals provided to patients or residents of a health

Page 3, Line 1facility licensed or certified by the department pursuant to

Page 3, Line 2section 25-1.5-103 or certified by the state department pursuant

Page 3, Line 3to section 25.5-5-412, including hospitals, long-term care

Page 3, Line 4facilities, hospice inpatient facilities, and assisted living

Page 3, Line 5residences; or

Page 3, Line 6(g)  School cafeterias.".